2101 East State Street Hamilton,
Waiver and Release of Liability
Team Five Fitness, LLC, doing business as East State CrossFit, and CrossFit, LLC (together, “East State CrossFit”)
Express assumption of risk: I, the undersigned, am aware that there are significant risks involved in any physical training regimen. These risks include, but are not limited to: falls which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment. I am aware that any of these above-mentioned risks may result in serious injury or death to myself and or my partner(s). I agree that if I engage in any physical exercise or activity, including personal training, or enter East State CrossFit’s premises or use any facility or equipment on East State CrossFit’s premises for any purpose, I do so at my own risk and assume the risk of any and all injury and/or damage I may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to me by East State CrossFit or otherwise, including injuries or damages arising out of the negligence of East State CrossFit, whether active or passive, or any of East State CrossFit’s affiliates, employees, agents, representatives, successors, and assigns. My assumption of risk includes, but is not limited to, my use of any exercise equipment (mechanical or otherwise), sidewalks, parking lots, stairs, or any equipment. I assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to yoga, weightlifting, walking, jogging, running, aerobic activities, or any other sporting or recreational endeavor. I agree that I am voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to me or my property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of East State CrossFit or otherwise. If I am engaged in online training, I acknowledge that I am not being monitored by any trainer and that there is no liability to the trainer, facility or East State CrossFit if there is an injury sustained. I, the undersigned acknowledge that I have no physical impairments or illnesses that will endanger myself or others. I also acknowledge that East State CrossFit urges me to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity.
Release: In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities available at East State CrossFit, I, the undersigned on behalf of myself (and all my personal representatives, heirs, executors, administrators, agents, and assigns) hereby release and discharge East State CrossFit, their affiliates, principals, agents, employees, volunteers, representatives, successors, and assigns (the “Releasees”) from any and all liability, claims, demands, actions or rights of action, known or unknown, which are related to or arise out of the negligence of East State Cross Fit whether active or passive, or any of the Releasees. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) my use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from East State Cross Fit’s or anyone else’s negligent inspection or maintenance of the facility or premises, (e) training I undertake that is online only without the in person supervision of a trainer. I understand that the trainer will provide step by step instruction on completing the exercise in a safe manner but cannot monitor me while you are completing these exercises. If I am unable to complete the exercise due to physical limitation or lack of understanding I WILL NOT attempt it. If I do attempt such exercise, I will be liable for any injury sustained.
Indemnification: I recognize that there is risk involved in the types of activities offered by East State CrossFit. Therefore; I accept financial responsibility for any injury that I may cause either to me or to any other participant due to my negligence. Should the Releasees, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse such Releasees for such fees and costs. I further agree to indemnify and hold harmless Releasees from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by East State CrossFit.
Photography: I, or my child/children on occasion, may be photographed during training at East State CrossFit by its partners, agents, employees, and volunteers. The undersigned hereby consents to the use of these photographs, without compensation, on the East State CrossFit web site and/or in any editorial or promotional material produced and/or published by East State CrossFit.
Cancellation Policy for East State CrossFit Memberships: ESCF Members are paying on a Month-to-Month basis and are not contracted. I understand that If I need or wish to cancel my membership at any time, I must do so in writing using East State CrossFit’s Membership Cancellation form, no less than 7 days prior to the next billing cycle. The Standard Billing Cycle is the 1 st of each month. If I cancel within the 7-day time frame there will be a $25 cancellation fee. If I cancel within 24 hours of the Monthly Membership dues being charged I will incur a $50 cancellation fee. No refunds will be given after a 24-hour period. I have read and understand this Cancellation Policy.
Cancellation Policy for ESCF Personal Training: Personal Training Clients are able to cancel appointments with 24- hours’ notice. If an appointment is cancelled less than 24-hours prior to its scheduled time, or I do not show up for my appointment, I understand that a $25 fee will be charged to my account.
Hold Policy: I will be able to put my Memberships on hold, up to 2 times per year, with no less than a 2-week hold period. I will be able to put my Membership on an additional hold, which shall not count against the 2 hold per year limit, if I am in need of quarantining per state or federal guidelines, or have tested positive for COVID- 19.
COVID and Other: I further acknowledge, understand, appreciate, and agree that my participation may result in possible exposure to and illness from infectious diseases, including, but not limited to, MRSA, Influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness does exist. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releasees or others and assume full responsibility for my participation and exposure.
Minor Medical Treatment Authorization: If I am signing on behalf of a minor child, I also give full permission for any person connected with East State CrossFit to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child.
Acknowledgements: I expressly agree that the foregoing release, waiver, assumption of risk, and indemnification agreement is intended to be as broad and inclusive as permitted by the law in the State of New Jersey and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I acknowledge that I have carefully read this waiver and release and fully understand that it is a release of liability, and express assumption of risk. I am aware and agree that by executing this waiver and release, I am giving up my right to bring a legal action or assert a claim against East State CrossFit for negligence, or for any defective product used while receiving personal training from East State CrossFit. I have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. I further acknowledge that I understand its content and that this release cannot be modified except in a writing signed by both East State CrossFit and me.
MISCELLANEOUS: This Agreement constitutes the full agreement between East State CrossFit with respect to the subject matter hereof and supersedes any and all prior discussions, negotiations and understandings with respect thereto. I agree that this Agreement shall be governed by and interpreted under the laws of the State of New Jersey without regard to conflicts of law principles and expressly consent to the jurisdiction of any state or federal court sitting in the State of New Jersey, County of Mercer, over any dispute that may arise between you and East State CrossFIt with respect to the terms of this Agreement. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees.